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Veto-proof state legislatures and opposing party governors in the 2023 elections

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Updated November 27, 2023

One of five states heading into the 2023 elections that had a veto-proof legislative majority and governor of the opposing party — Kentucky — maintained that status after the elections. Louisiana lost this status since the Republican Party, which held veto-proof legislative majorities, also gained control of the governor's office. The three other states with this status — Kansas, North Carolina, and Vermont — did not hold elections in 2023.

Mississippi held elections in 2023 and could have switched to having a veto-proof majority and an opposing party governor. This change in status did not occur because the Republican Party maintained control of the state legislature and Gov. Tate Reeves (R) won re-election.

There were four states with veto-proof legislatures and an opposing governor in 2024, down from five heading into the 2023 elections.

State governors may veto bills advanced by the state legislature. With sufficient support — between one-half and two-thirds of sitting legislators, depending on the state — state legislatures may overturn a gubernatorial veto. When one party controls enough seats to overturn a veto without any support from the other party, a legislature can be said to hold a veto-proof majority. The presence of a veto-proof majority strengthens the legislature's hand when it comes to passing bills of which the governor disapproves and can lead to conflict when opposing parties control the legislature and governor's mansion.

On this page, you will find:


Post-election results

Pre-election analysis

States with a veto-proof legislative majority and opposing party governor before the 2023 elections

Below is a summary of the current partisan balance and each party's electoral opportunities, if applicable, in those states with a veto-proof state legislative majority and a governor of the opposite party heading into the 2023 elections.

Kentucky

Current partisan balance

Heading into the 2023 elections, the governor of Kentucky was Andy Beshear (D), who was up for re-election on November 7, 2023. In Kentucky, a simple majority of the state legislature is required to override a gubernatorial veto. The Republican Party held a majority in both chambers of the legislature, with an 80-19 majority in the Kentucky House of Representatives and a 31-7 majority in the Kentucky State Senate.[1]



States that could gain a veto-proof legislative majority and an opposing governor in 2023

We consider a state to have a potential supermajority if the number of seats across both chambers of the legislature that would need to be picked up by the majority party in order to gain a supermajority is less than or equal to 10% of the total seats in the legislature. The following states all have either a supermajority or a potential supermajority and a governor of the opposing party.

Mississippi

Current partisan balance

Heading into the 2023 elections, the governor of Mississippi was Tate Reeves (R). In Mississippi, two-thirds of the state legislature is required to override a gubernatorial veto. The Republican Party held more than two-thirds of the seats in the Mississippi State Senate with its 36-15 majority but fell short of this threshold with its 76-40 majority in the Mississippi House of Representatives, meaning that the Republican Party did not have the ability to override a gubernatorial veto without the support of some House Democrats.[1]

Opportunities for the Democratic Party in 2023

Mississippi held a gubernatorial election in 2023, meaning that the Democratic Party had an opportunity to take the governorship.

Opportunities for the Republican Party in 2023

In 2023, the Republican Party had an opportunity to hold on to the governorship and gain a legislative supermajority. In order to do so, the Republicans must have lost fewer than one seat in the state Senate and gained at least five seats in the state House.

Background

States with veto-proof majorities

Veto overrides

All 50 states give their legislatures the ability to override gubernatorial vetoes. The authority for the override power is always included in a state's constitution, which also specifies how many legislators are needed to override a veto.

  • 36 states require a two-thirds vote from both chambers of the legislature.
  • Seven states require a three-fifths vote from both chambers of the legislature.[2]
  • Six states require a majority vote from both chambers of the legislature.
  • Alaska requires a two-thirds vote in a joint meeting of its legislative chambers.

Ballotpedia has identified six states with rules that change the veto override threshold depending on the type of bill being considered: Alaska, Arizona, Illinois, Ohio, Oklahoma, and West Virginia. Bills that are subject to special rules are appropriations bills, tax bills, and emergency bills.

Depending on the state, the vote threshold required for a veto override applies to either all members elected to a chamber or to all members present in the chamber. For example, Alabama requires a majority of all elected members to override a veto, so 53 of 105 votes are needed in the state House and 18 votes of 35 votes are needed in the state Senate. Idaho, on the other hand, requires two-thirds of all members present. So, if only 30 of the state Senate's 35 members are present, the threshold to override a veto in that chamber would be 20 votes rather than the 24 that would be required if all elected members were present.

Click [show] to see a state-by-state breakdown of the rules for veto overrides.

Case studies

This section summarizes examples of governing conflicts in recent years in states with a veto-proof legislative majority and an opposing party governor.

Case study: Kentucky

Kentucky Gov. Andy Beshear (D)

Gov. Andy Beshear (D) defeated incumbent Gov. Matt Bevin (R) in 2019, 49.2% to 48.8%. Republicans have held partisan control of the Kentucky State Senate since 1999 and the Kentucky House of Representatives since after the 2016 elections. In Kentucky, a simple majority of the state legislature is required to override a gubernatorial veto.

The following is a recent example where the legislature overrode Gov. Beshear's veto:

Kentucky Republican lawmakers override Gov. Andy Beshear’s (D) veto on transgender students bill

On March 29, 2023, the Kentucky State Legislature overrode Gov. Andy Beshear’s (D) veto on Senate Bill 150, a bill that would allow teachers to refer to students using pronouns other than the students' preferred ones, prohibit discussions of sexual orientation and gender identity with students, and prohibit social, psychological, and medical treatments for transgender students.[5]

Supporters of the bill argued that it would prevent transgender children from receiving social, psychological, and medical treatments that they may come to regret as adults. Senator Robby Mills (R), who supported the bill, said:

“ "Puberty blockers and cross-sex hormones, when administered to youth under 18 for the purpose of altering their appearance, is dangerous for the health of that child."[6][7] ”

Opponents of the bill argued the bill would prevent families from making informed medical decisions for themselves. In his veto message, Gov. Beshear said:

“ "Senate Bill 150 allows too much government interference in personal healthcare issues and rips away the freedom of parents to make medical decisions for their children. Senate Bill 150 further strips freedom from parents to make personal family decisions on the names their children are called and how people refer to them."[8][7] ”


Beshear vetoed the bill on March 24, 2023. In Kentucky, a majority vote in both chambers is required to override a veto. The Republicans had a supermajority in both the House and Senate in 2023.[8]

The House overrode the veto by a vote of 76-23, and the Senate overrode the veto by a vote of 29-8.[6] In the Senate, one Republican-Danny Carroll-voted against overriding the veto. In the House, four Republican representatives Kimberly Poore Moser, Kimberly Banta, Stephanie A. Dietz, and Killian Timoney voted against overriding the veto, while one Democrat-Ashley Tackett Laferty-voted in favor.[9]

Case study: North Carolina

North Carolina Gov. Roy Cooper (D)

North Carolina voters elected Roy Cooper governor in 2016. Three-fifths of the state legislature is required to override a gubernatorial veto, and Republicans held a veto-proof legislative majority heading into the 2023 election.

The following is a recent example where the legislature overrode Gov. Cooper's veto:

Republican-controlled legislature overrides Gov. Roy Cooper’s (D) veto of 12-week abortion ban

On May 16, 2023, the General Assembly of North Carolina overrode Gov. Roy Cooper’s veto of a bill banning most abortions after 12 weeks of pregnancy. Senate Bill 20 made it unlawful to “advise, procure, or cause a miscarriage or abortion” after “the twelfth week of a woman’s pregnancy.”

Supporters of the bill said it affirmed the value of human life.[10] In a statement, House Speaker Tim Moore (R) said:

“ Senate Bill 20 will save lives and provide needed support for women and families while putting North Carolina’s abortion law in line with the most of rest of the free world.[11][7] ”

In his veto message, Cooper said Republican legislators broke their promises to protect women’s reproductive freedom. The governor said:

“ North Carolinians now understand that Republicans are unified in their assault on women’s reproductive freedom and we are energized to fight back on this and other critical issues facing our state. I will continue doing everything I can to protect abortion access in North Carolina because women’s lives depend on it.[12][7] ”


The House overrode the governor's veto 72-48, with all 72 Republicans voting in favor and all 48 Democrats voting against. The Senate voted 30-20 to override the veto, also along party lines. At the time, Republicans had veto-proof majorities in both the Senate and the House.[13]

See also

Footnotes

  1. ↑ 1.0 1.1 This analysis does not take currently vacant seats or seats held by a minor party or independent legislator into account. It also does not account for situations where members of one party caucus with the other party.
  2. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named NE
  3. ↑ Alaska requires a two-thirds vote in a joint meeting of its two legislative chambers, which is 40 of 60 legislators.
  4. ↑ California State Capitol Museum, "Life Cycle of a Bill," accessed July 21, 2017
  5. ↑ Courier-Journal, "SB 150: What to know about the controversial anti-trans bill just passed in Kentucky," March 17, 2023
  6. ↑ 6.0 6.1 AP, "GOP lawmakers override veto of transgender bill in Kentucky," March 29, 2023
  7. ↑ 7.0 7.1 7.2 7.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. ↑ 8.0 8.1 Commonwealth of Kentucky - Office of the Governor, "Veto Message from the Governor of the Commonwealth of Kentucky regarding the Senate Bill 150 of the 2023 Regular Session," March 24, 2023
  9. ↑ Courier-Journal, "Kentucky legislature overrides veto of anti-trans bill despite LGBTQ+ youths' pleas," March 30, 2023
  10. ↑ NBC, "North Carolina Republicans override Democratic governor's veto of 12-week abortion ban," May 16, 2023
  11. ↑ Winston-Salem Journal, "Triad of legislators split on importance of abortion restrictions on 2024 legislative election," May 28, 2023
  12. ↑ NC Governor Roy Cooper, "Governor Cooper Statement on Republican Vote to Override SB20 Veto," May 16, 2023
  13. ↑ NBC, "North Carolina Republicans override Democratic governor's veto of 12-week abortion ban," May 16, 2023
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